The History and Impact of Cannabis Prohibition

Cannabis prohibition is one of the most significant and controversial aspects of modern drug policy. From the plant’s early use for medicinal and recreational purposes to its widespread criminalization, the history of cannabis prohibition is complex and wrought with injustice. Shaped by racial, social, and political factors, the tale of cannabis prohibition offers insight not only into the past but into the future of cannabis law [1]. This article explores the history and impact of cannabis prohibition, highlighting key events, federal legislation, and the ongoing debate over cannabis legalization.

Early use of cannabis

The cannabis plant, particularly Cannabis sativa and Cannabis indica, has been used for thousands of years for medicinal and recreational use. For example, ancient civilizations such as those in China, India, and the Middle East recognized the medical use of cannabis, employing it to treat various ailments. As cannabis made its way to Western societies, many individuals used it recreationally, spiritually and more recently under medical supervision for conditions related to epilepsy [2].

The onset of cannabis prohibition

The early 20th century marked a significant shift in the perception of cannabis, particularly in the United States. For instance, the influx of Mexican immigrants in the early 1900s introduced a wave of recreational marijuana use, which quickly became associated with immigrant communities. Indeed, this racialization of cannabis use fueled negative stereotypes and laid the groundwork for cannabis prohibition [3].

In 1937, Congress passed the Marihuana Tax Act, marking the beginning of widespread marijuana prohibition in the United States. Notably, the act did not outlaw cannabis outright but imposed heavy taxes and strict regulations on its production, distribution, and use. As a result, the policy effectively discouraged legal transactions regarding cannabis. In essence, the federal government used the Marijuana Tax Act as a tool to control and stigmatize cannabis, framing it as one of many dangerous drugs [4].

The Uniform State Narcotic Act of 1934 further strengthened state-level cannabis laws, aligning them with federal law. Hence, the federal bureau, tasked with enforcing these regulations, played a pivotal role in the criminalization of cannabis, leading to outlawed cannabis across the United States [5].

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The impact of cannabis prohibition

The consequences of cannabis prohibition have been profound, particularly within the criminal justice system. For example, the Comprehensive Drug Abuse Prevention and Control Act of 1970, which included the Controlled Substances Act, classified cannabis as a Schedule I substance. In other words, the act grouped cannabis with illegal drugs like heroin and LSD. This classification deemed cannabis to have a high potential for drug abuse with no accepted medical use. As a result, those in violation faced harsh criminal penalties for marijuana offenses [6].

The Anti-Drug Abuse Act of 1986 introduced mandatory minimum sentences for drug-related offenses, disproportionately affecting minority communities. Indeed, these mandatory penalties led to a surge in marijuana possession arrests and marijuana-related incarcerations, contributing to the United States’ problem of mass incarceration [7].

Also, the economic impact of marijuana prohibition has been significant. For example, marijuana sales were driven underground, creating an illicit market that fueled organized crime and violence. Hence, the illegal drugs trade, including illicit marijuana, became a lucrative enterprise for drug kingpins, further complicating efforts to control drug use [7].

The shift toward legalization

Despite enduring marijuana prohibition at the federal level, efforts to legalize cannabis gained momentum over the last few decades. The 1996 legalization of medical marijuana in California marked a turning point in the debate over cannabis. Notably, this shift was driven by growing evidence of cannabis’s efficacy in helping people with various medical conditions, challenging the federal government’s stance on its lack of accepted medical use [8].

At this point, the American Medical Association and other organizations began advocating for the reclassification of cannabis to allow for its medical purposes. In time, a growing body of published research from reputable sources like Cambridge University Press and Oxford University Press pushed for legal access to medical cannabis [9].

As more states passed medical marijuana laws, the debate expanded to include recreational marijuana. Eventually, states like Colorado and Washington became pioneers in the movement to legalize recreational marijuana, setting the stage for a broader shift in cannabis laws. Today, tens of millions of Americans live in states where recreational cannabis is legal [1]. Ultimately, these changes reflect a significant shift in public attitudes toward cannabis use [10].

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The 2018 Farm Bill, federal legality of hemp, and changing attitudes

The 2018 Farm Bill marked a pivotal moment in the shifting attitudes toward cannabis cultivation and use in the United States. More specifically, by legalizing the cultivation of industrial hemp—defined as cannabis with less 0.3% Selta-9 THC or less—the bill separated hemp from marijuana [11]. This legislation opened the door for widespread hemp cultivation and production.

Moreover, the passage of the 2018 Farm Bill played a significant role in altering public perception of cannabis [10]. Indeed, by legalizing a form of the cannabis plant, the bill helped to normalize the broader conversation around cannabis use and regulation.

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The ongoing federal-state conflict

While many states have moved to legalize marijuana, the federal government has maintained its prohibitionist stance. As a result, this conflict between state law and federal law has created legal and logistical challenges. For example, businesses operating legally under state law may face the risk of federal prosecution. Also, banking regulations often prevent these businesses from accessing traditional financial services [12].

Currently, the Justice Department grapples with how to enforce federal laws in states where cannabis is legal. Although the Obama administration adopted a more lenient approach, prioritizing other drug-related offenses over cannabis, the Trump administration signaled a return to stricter enforcement [13]. Ultimately, this uncertainty continues to affect the cannabis industry and the broader debate over marijuana legalization.

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Global perspectives on cannabis prohibition

The United States is not alone in grappling with the legacy of cannabis prohibition. Indeed, many countries have their own histories of drug policy shaped by international treaties and domestic concerns. However, as the movement to legalize cannabis gains traction globally, these countries face similar challenges in balancing federal regulation with evolving public attitudes.

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Hence, international organizations like the American Public Health Association have called for a reevaluation of cannabis regulations. More specifically, they emphasize the need for evidence-based policies prioritizing public health over punitive measures [14]. Countries like Canada and Uruguay have already taken steps to legalize recreational marijuana. As a result, these countries provide models for other nations considering similar reforms [15].

The future of cannabis policy

As the movement to legalize marijuana continues to grow, the future of cannabis policy remains uncertain. On the one hand, the potential for full marijuana legalization at the federal level appears achievable. With advocates emphasizing the benefits of a regulated cannabis market and the clarity to address the harms caused by prohibition, many cannabis enthusiasts are hopeful [16].

However, challenges remain. These include lingering negative attitudes about cannabis. Also, experts highlight the need for comprehensive research into the long-term effects of cannabis use. Lastly, lawmakers urge the development of a regulatory framework that balances public safety with personal use [17].

As more states move to legalize recreational marijuana and medical cannabis, the pressure on the federal government to reform cannabis laws will likely increase [17]. Whether through legislative change or shifts in enforcement priorities, cannabis regulation in the United States is poised for transformation.

Key takeaway: the impact of cannabis prohibition

The history and impact of cannabis prohibition are deeply intertwined with broader issues of race, social justice, and public policy. From the Marihuana Tax Act of 1937 to the ongoing debate over marijuana legalization, the story of cannabis in America reflcts the nation’s evolving attitudes [1]. As the movement to legalize cannabis gains momentum, the future of cannabis policy holds far-reaching implications for society as a whole.

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Medical Disclaimer / Legal Disclaimer – Information is provided for educational purposes. It does not and is not intended to constitute legal advice or medical advice. We attempt to be accurate and up-to-date, but the legality of cannabinoids and the science of cannabis are evolving. The author is neither a legal professional nor a medical expert. Before buying or using any products, you should check with your local authorities and medical providers.

References

1. Wikipedia: Legal History of Cannabis in the United States
2. A Brief Global History of the War on Cannabis
3. Mexicans and the Origins of Marijuana Prohibition in the United States
4. History of Marijuana Regulation in the United States
5. Origins of Marijuana Prohibition in the US
6. Wikipedia: Controlled Substances Act
7. America’s War on Marijuana-Timeline
8. Medicinal Cannabis Guidelines in California
9. Pharmacology and Effects of Cannabis: A Brief Review
10. Cannabis Use, Attitudes, and Legal Status in the U.S
11. Hemp and the 2018 Farm Bill
12. Legal Challenges for Cannabis Businesses
13. Trump Administration Drops Obama-Era Easing of Marijuana Prosecutions
14. A Public Health Approach to Regulating Commercially Legalized Cannabis
15. The Efficiency of Marijuana Legalization: Uruguay vs Canada
16. Federal Legalization of Marijuana May Be Closer Than You Think
17. Marijuana’s New Legal Status Must Spark More Research